I. Introduction
Business and human rights (BHR) has been taught as an academic discipline and field of practice for thirty years.Footnote 1 Since the first courses at business schools, law schools, and schools of public policy in North America and Western Europe, BHR curricula have proliferated worldwide. BHR course content has expanded to include new international standards, such as the UN Guiding Principles on Business and Human Rights (UNGPs); tools for corporate accountability; Footnote 2 and examples from the growing body of corporate BHR practice. BHR pedagogy has evolved to embrace multidisciplinary teaching techniques, from business case studies to legal drafting exercises and experiential role plays.Footnote 3 BHR teaching is taking place in every region, from Africa and Asia to the Middle East and Latin America. Over 350 individuals teach the subject in some form at more than 200 institutions in 45 countries.Footnote 4 More than 100 universities have added BHR courses to their curricula in the past decade alone. BHR is also taught outside traditional university settings in dedicated workshops and training programmes for professionals, academics and students.Footnote 5
Everywhere the subject is taught, BHR education has the potential, beyond the principal curricular aims of training students in their respective disciplines, to raise awareness of the human rights impacts of business enterprises; train future BHR policymakers, professionals and advocates; and build the capacity of all organs of society to better promote, respect and ensure human rights.
This piece considers the recent development of BHR curricula in three countries where it had not been taught previously: Colombia, Ukraine and Pakistan. Comparing the experience of teachers introducing BHR education across global regions (South America, Eastern Europe, South Asia), in states with distinct historical, cultural and political contexts, reveals notable commonalities relevant for teachers seeking to launch BHR courses elsewhere. By comparing the experience of individual BHR teachers in each of these jurisdictions, the author identifies common challenges of BHR curriculum development (Section II) and draws lessons (Section III) for promoting BHR education locally worldwide. The author concludes that the global BHR community can support the efforts of new BHR teachers by investing in BHR education locally worldwide.
II. Developing Business and Human Rights Curricula: Common Challenges
A. Launching a BHR Course
Individual faculty members in each country successfully proposed adding BHR to their university curricula within the past five years.
‘Business and Human Rights’ has been offered as an elective course in the law department of the Pontificia Universidad Javeriana in Bogotá, Colombia since 2017. According to Marco Velásquez Ruiz, who developed the course together with Professor Carolina Olarte Bácares,Footnote 6 the idea for a BHR course emerged from a faculty discussion group and the work of a university legal clinic that examined the role of private actors in Colombian land conflicts.Footnote 7 In Colombia at the time, there was widespread familiarity among university law faculty with international human rights and humanitarian law in the context of armed conflict, but less consideration of BHR as a distinct policy topic. To offer the elective, Professors Olarte and Velásquez had to address the issue of whether the subject matter was already covered in existing law courses at their university, such as employment law, and in business courses addressing corporate social responsibility (CSR).
When Olena Uvarova proposed an elective BHR course in 2018 for law students at Yaroslav Mudriy National Law University in Kharkiv, Ukraine, she was unaware of any BHR course offered in a ‘post-Soviet’ country.Footnote 8 BHR issues in Ukraine were viewed by most legal professionals through a CSR lens. Professor Uvarova’s interest in developing a BHR course was sparked by her role organizing a 2017 panel on ‘Business Responsibility in the Field of Human Rights’ for an international legal conference at her university.Footnote 9 According to Uvarova, the BHR panel was ‘the very first step – we didn’t know anything about BHR beforehand’.Footnote 10 The panel provided a general overview of BHR and the UNGPs, without any application to the human rights impacts of business activity locally.
In Pakistan, BHR is not an established legal discipline. The mandatory national law curriculum does not yet contain any BHR coursework. Ayesha Jawad launched a BHR course in 2019 at the Kinnaird College for Women in Lahore, Pakistan, where she teaches international law and international relations.Footnote 11 In 2020, Muhammad Asif Khan included BHR as a module when teaching public international law, and developed a BHR course for LL.M. candidates at Bahria University in Islamabad, Pakistan.Footnote 12 There had been ‘no familiarity at all’ with BHR and no opportunity to teach the subject at Professor Khan’s first university position in Pakistan.Footnote 13 When Professor Khan proposed the BHR course at Bahria, he overcame the reluctance of the business school dean on the university curriculum committee, who had requested that the course be taught as ‘Business Ethics and Human Rights’.
In each case, the initiative of individual university teachers interested in the subject led to the launch of novel BHR courses in Colombia, Ukraine and Pakistan, respectively.
B. Applying BHR Locally
In each country, teachers have sought to localize BHR issues to make the subject relevant for their students.
Professor Jawad connects well-known international BHR cases (e.g., Shell in Nigeria, Nike and labour standards, Nestlé and global supply chains) to the Pakistani context.Footnote 14 In one class, for example, she asks students to make a list of all the household items they use in a month, and then asks how many are not made by the multinationals Nestlé or Procter & Gamble. Locally relevant topics include employment standards in the ‘gig’ economy (food delivery); the human rights impacts of private military contractors; and Pakistani cases, such as the Ali Enterprises factory fireFootnote 15 and child labour in the production of soccer balls.Footnote 16 Professor Khan chooses topics drawn from international examples – such as freedom of expression, the right to privacy, and the rights to health and safetyFootnote 17 – and applies a human rights lens to local issues through case studies, such as the enforceability of remedies for the victims of the Ali Enterprises fire. A topic of Professor Khan’s class discussions is the ‘need to find solutions within our own legal system’.Footnote 18 His course considers international legal standards as well as Pakistani constitutional and business law perspectives.
The ‘Business and Human Rights’ curriculum Professor Uvarova has developed in Ukraine covers topics including the respective roles of the state and business for ensuring human rights under international law; key BHR standards, such as the UNGPs; sources of regulation, such as the European Union and the European Court of Human Rights; implementing BHR in Ukraine; gender dimensions of BHR; and examples of business practice managing human rights impacts.Footnote 19
Every topic in the Universidad Javeriana BHR course can be connected to the Colombian context or a specific local case.Footnote 20 Students, for example, are asked to present press articles on local cases related to BHR. Representatives of Colombian companies often join class sessions as guest speakers. The course considers the Colombian National Action Plan on BHRFootnote 21 in detail. Relevant local issues include Colombia’s armed conflict and peacebuilding efforts, structural inequality, and the human rights impacts of agribusiness and extractive companies.
C. Accessing Relevant BHR Teaching Resources
Finding relevant materials is a common challenge for BHR teachers outside of North America and Western Europe, especially in developing countries with fewer university resources.
Teachers seeking to launch BHR courses and curricula in developing economies must often overcome limited access to BHR teaching resources. Universities may not have access to online academic publications and databases, teaching materials, and books for students. Faculty and students, for example, may have to download publicly available materials themselves. Furthermore, BHR materials may not be available in local languages, creating a language barrier for some students.
Existing BHR teaching resources may not adequately address the local context. For Professor Uvarova, obstacles to developing a BHR curriculum included the lack of BHR knowledge among academics in former Soviet states like Ukraine, and conversely, the absence of international BHR experts with detailed knowledge of Ukrainian issues. Uvarova notes that while foreign universities can focus BHR discussions narrowly on relevant issues for those geographies, such as the human rights impacts of supply chains, or in specific sectors like agriculture or artificial intelligence, academics in her region cannot focus on local issues, such as labour rights in the informal sector, and the human rights dimensions of anti-corruption efforts and public procurement, until there is greater awareness of general BHR frameworks. Similarly, Professor Jawad notes the absence of any research or readings on local environmental issues or the extractives sector in Pakistan.
III. Lessons for Promoting Business and Human Rights Education
Each individual approach for developing BHR curricula is unique, shaped by the instructor, their educational institution, students, and local context.Footnote 22 The experience of these BHR teachers, however, points to some lessons for promoting BHR education worldwide.
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• Exposing individual educators to the field of BHR can spark BHR curriculum development.
Familiarity with international human rights law and traditional academic disciplines may be insufficient to trigger the development of BHR curricula. Exposing individuals to BHR, whether through graduate education, faculty development, or international workshops,Footnote 23 can promote BHR education where it is not yet part of the curriculum. A catalyst for developing a BHR curriculum in both Colombia and Pakistan, for example, was the exposure of future faculty to the BHR field while completing graduate work abroad.Footnote 24 The recent proliferation of online courses and webinars in response to pandemic travel restrictions may become a cost-effective means to introduce more individuals to BHR worldwide.
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• BHR courses are most effective when teachers can apply a BHR lens to local issues.
Teachers launching BHR curricula seek to apply a BHR lens to local issues. Addressing local BHR issues engages both teachers and students. Connecting BHR frameworks to local cases can also advance the case both for adding BHR coursework to existing university curricula and for mainstreaming BHR education in national curricula.
A consequence of most BHR courses and curricula to date originating in jurisdictions that are home states for multinational companies has been less focus on the perspectives of rightsholders, business enterprises, and national policies in host states. BHR courses and curricula developed locally have the potential to rebalance the BHR discussion. Local approaches to BHR education can raise awareness of the connections between national institutions and international frameworks, train future national policymakers and professionals, and build the capacity of local institutions to address BHR issues.
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• Developing BHR curricula can accelerate the acceptance of BHR as an academic discipline and field of practice.
Proposing and launching a single BHR course at an academic institution has a multiplier effect by paving the way for academics and students to engage in multidisciplinary BHR scholarship, practice, and policymaking. Professor Velásquez notes that he and his colleagues used the BHR course at Universidad Javeriana as a tool to ‘train our colleagues’ on BHR.Footnote 25 Professors Olarte and Velásquez were invited, for example, to prepare a BHR module for the university’s MBA programme. A next step is to develop a Master’s programme in BHR. Velásquez predicts that faculty in other disciplines ‘will eventually request BHR courses’ due to evolving attitudes and the rapid pace of developments in the field. Integrating BHR topics into existing courses is another option for faculty to explore in lieu of, or in parallel with, stand-alone BHR courses.
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• Developing a BHR course can lead to additional opportunities for faculty.
Developing a BHR course has created opportunities for Professor Uvarova to teach BHR elsewhere, such as an online workshop for law students and legal practitioners. In Pakistan, Professor Jawad plans to introduce BHR as a topic in her international law course and hopes to make the BHR course part of the required law curriculum at her college. Professor Khan hopes to offer a BHR course for local legal and business practitioners and to develop a BHR textbook. According to Professor Velásquez, based on their BHR curriculum development, ‘we feel comfortable contributing to public policy discussions’, which allows them to engage with government officials and the private sector in new ways.Footnote 26
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• National policy processes are an opportunity to promote BHR education.
In each of the geographies considered, developing BHR curricula has overlapped with the development of National Action Plans (NAPs) and related BHR policy processes.Footnote 27 National policy processes are an opportunity both to launch BHR curricula and to include BHR education in national policies. Developing the Ukrainian NAP, for example, resulted in a draft National Human Rights Strategy with a BHR chapter that included a recommendation for universities to develop courses on BHR.Footnote 28 Local BHR scholars can also help to trigger and sustain national BHR policy processes.
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• The global BHR community can support local BHR education.
The growing global community of BHR teachers and practitioners can support local BHR education by connecting teachers to international networks; providing access to BHR scholarship and teaching resources, in multiple languages; building the capacity of BHR teachers and scholars; and supporting the development of cases, materials and coursework that apply BHR approaches to local issues.
Professor Velásquez notes that the global BHR community can support BHR education by sharing teaching materials, organizing workshops on curricula and teaching approaches, and through networks, such as the Latin American Regional Association of the Global Business and Human Rights Scholars Association,Footnote 29 that provide a ‘space to present our own work and local approaches to BHR issues’.Footnote 30 The emerging Spanish-language BHR literature, for example, promises to accelerate BHR education in Latin America.
Professor Uvarova cites the training of teachers in the region on BHR issues, and the translation into Ukranian and Russian of basic resources and teaching materials, as ways the BHR community could support and advance BHR curriculum development in Ukraine and other former Soviet states. Connecting with other academics teaching BHR through conferences, the annual UN Forum on Business and Human Rights, and the Global BHR Scholars Association, has been instrumental for developing and refining Professor Uvarova’s BHR curriculum. Helpful resources included an annotated bibliography of BHR teaching resources prepared by Beata Faracik, President of the Polish Institute for Human Rights and Business;Footnote 31 the Council of Europe BHR Handbook;Footnote 32 reports of the UN Working Group;Footnote 33 and the teaching notes contained in the online Teaching BHR Handbook.Footnote 34
BHR teachers seek guidance on effective BHR teaching pedagogy, curriculum development, and research skills and methodology from global BHR experts.Footnote 35 ‘Reaching out to teachers individually is difficult’, notes Professor Jawad.Footnote 36 Exposure to individuals teaching BHR through initiatives like the American Bar Association (ABA) project in PakistanFootnote 37 has been invaluable. Via the Teaching BHR Forum network, Professor Jawad was able to ask questions of experienced BHR teachers and find helpful teaching resources online. According to Professor Khan, ‘it would have been very difficult to develop the BHR course without access to Teaching BHR Forum resources’.Footnote 38
IV. Conclusion
This piece has compared the experiences of four individual BHR teachers in three countries (Colombia, Ukraine and Pakistan) where BHR courses have been launched within the past five years.
The global BHR community can support the efforts of new BHR teachers by exposing educators to the field of BHR; sharing the experience of launching BHR courses and curricula; improving access to BHR expertise and teaching resources; and fostering the development of local BHR approaches. Implementing this agenda will require greater investment in BHR teaching and education worldwide. The potential dividends are significant.
Promoting BHR education locally worldwide is an important opportunity to train future policymakers, business leaders, and human rights advocates wherever human rights violations are taking place; and to strengthen the growing BHR community. As teachers launch the next generation of BHR courses, local approaches will inevitably shape the coming decades of BHR teaching, scholarship and practice.